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Business Law Final Exam Review
Business Law Final Exam Review
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1
A contract that has been fully performed is deemed complete and is said to have achieved ______.
Substantial performance
Novation
Legal performance
Substitution
2
Quid pro quo sex discrimination involves ______.
Requesting sexual favors in exchange for a job benefit
Discriminating against women when hiring
Not hiring a woman because she is pregnant
Giving special treatment to one group over another based on their gender
3
Members of a general partnership have a ______ duty relationship to each other
Fiduciary
General
Legal
Good faith
4
Which of the following is required to be an S Corporation?
Taxation is required at the corporate level
There can be no more than 100 shareholders
Shareholders must be foreign nationals
It cannot make over $100 million in profits annually
5
Howard Bowen’s definition of social responsibility concluded that businesses and large corporations ______.
Must comply with government regulations and nothing more
Are prohibited from doing anything that might diminish stockholder returns
Must take broader societal values in mind while conducting business
Are responsible for climate issues as well as making profits
6
Concurrent federal jurisdiction ______.
Includes federal question cases
Only A and B
Includes diversity citizenship cases
Occurs when controversy falls under the jurisdiction of both type courts
7
The term precedent refers to _____.
A concept that makes the court inconsistent
A ruling from a court that is binding on future cases that are similar
A theory that doesn’t allow people to make predictions
Something that is not an integral part of the US legal system
8
The law against jaywalking is an example of ______.
Trying to avoid greater harm
The attempt of the government to control large populations
A combination of all the factors
Saving people from their own stupidity
9
In order for a valid contract to exist, there must be all BUT which of the following:
Agreement
Consideration
Mutual understanding
Capacity
10
His employer doesn't allow him to clock in until his pre-checks are all done. Which crime has Morris employer committed?
Embezzlement
Fraud
Wage theft
Money laundering
11
The H in FISH SEDER framework stands for ______.
Hits
None of the above
Harms
Happiness
12
The Hippocratic oath ______.
All of the above
Is a voluntary code of conduct
Is an ancient Greek oath
Requires certain professionals to uphold certain ethical standards
13
The Latin term stare decisis means ______.
To stand by things decided
To stand by things that should be held true
To ignore the facts of the case
To not break the interaction between two entities
14
From a legal standpoint, Malum Prohibitum refers to ______.
Actions that are wrong in and of themselves
Both B and C
Drug possession
Actions that are prohibited because a law or regulation defines them wrong
15
The definition of stakeholders is ______.
Seldom discussed in modern business environments
Not easily defined
Limited to shareholders
Not important to most businesses
16
Ms. Palgraf was hit in the head by ______.
A set of brass scales
Poorly wrapped fireworks
A passenger train
A fellow passenger
17
To make our decision making more efficient we all rely on ______.
Calendars
Secretaries
Psychological scripts
Cognitive biases
18
In the 2020 case of Patent and Trade Office v. Booking.com, Justice Breyer wrote a dissenting opinion. The opinion _____
Disagrees with reasoning of majority opinion but agrees with result
Disagrees with both reasoning and the result of the majority opinion
Disagrees with the result of the majority opinion but agrees with reasoning
19
A business may lawfully use a competitor’s trade secret if they acquired it through all but which of the following ways?
Reading published literature
Self-invention
Misappropriation
Reverse engineering
20
The Thomistic school of thought ______.
Argues that truth exists unnaturally
Is at odds with religious thought
Emerged from the ideals of Thomas Jefferson
Is based on the idea that the world can be known through reason
21
The ____ of contracts states that the existence of a contract is determined by words and actions of parties, not intent
Objective theory
Reality theory
Party intent
Manifest intent
22
Which of the following is NOT true of joint and several liability in a general partnership?
Every partner is personally liable for the entirety of any liability
A partner who goes bankrupt cant be responsible for their portion
A partner cannot be sued if he or she did not commit the tort
If only one partner committed the tort, the partners can be jointly sued
23
In an environment where you see individuals acting unethically ______.
All of the above
Companies can become socially or environmentally destructive
Individuals are more likely to act unethically
Individuals are less likely to leave the norm
24
Corporations are owned by ______.
Associates
Shareholders
Executives
Electors
25
Can real property be converted into personal property?
Yes, if it is removed from the land it was attached to
No, because it cannot change its nature
Yes, if it is first converted to intangible property
No, because that would reduce the value of the property
26
In a ______ case, a plaintiff may bring a negligence claim, but their awarded damages will be reduced to their blame
Comparative fault
Strict liability
Contributory fault
Assumption of risk
27
Under the doctrine of _____, copyright-protected work may be reproduced when it's for criticism, comment, reporting, etc
Fair use
Public domain
Copyright protection
Non-author reproduction
28
Humans seek for social mechanisms ______.
To live together in profitable ways
To live together in peaceful ways
To demonstrate the desire to create ordered systems
Resulting in the need to create rules
29
She is not hired, yet the firm continues to look to fill this position. This is the case for which discrimination?
Disparate-impact
Disparate-treatment
Unfair-treatment
Unfair-impact
30
True or false: All stakeholders are equal
False
True
31
Why are stakeholder policy documents important to a business?
They give job opportunities to HR employees
They are just expected and require a box-checking mentality when created
They require decision-makers to remain cognizant of stakeholders
They provide an air-tight defense against stakeholder lawsuits
32
Some people may be doing business internationally without even knowing it
True
False
33
Alan tells Sherry that he will pay her $5,000 if she runs the Boston Marathon. Sherry starts running the marathon, Alan:
Can revoke the contract as informal verbal agreements are not binding
Cannot revoke the offer
Can attempt to stop her from finishing
Can only increase the money on offer
34
What are ethics?
Personal and often abstract principles
An individual’s internal compass as to what is right and wrong
All of the above
Broad, shared understandings or, principles that define right or wrong
35
Which agency is tasked with enforcing most anti-discrimination laws?
BFOQ
FERPA
EEOC
OSHA
36
Aggie Zoo, a pet store chain with five shareholders, is an example of a ______ corporation.
Professional
Not-for-profit
Closely held
Limited liability
37
Triple bottom line approaches to business priorities refer to ______.
Place, profit, and programs
People, programs, and peace
Profit, programs, and peace
Programs, peace, and practicality
38
Under the doctrine of __, the law holds that some actions are of a dangerous nature that the acting party will be liable
Last clear chance
Repose
Strict liability
Intentional torts
39
Morals refer to an ______.
External system of guidelines and rules
Individual’s internal compass to navigate guidelines and rules
External system of right and wrong
Individual’s internal compass as to what is right and wrong
40
Which of the following is NOT True of causation?
Foreseeability limits liability in the proximate cause test
But-for test says: injury would be absent but for the defendants actions
The proximate cause test is simple and straightforward
Modern courts primarily rely on the proximate cause test
41
Which of the following is NOT true of offers?
The silence of an offeree is not acceptance
The offer must have express terms
Acceptance must always be sent in the same form as the offer
In order to have a valid agreement, the acceptance must be unequivocal
42
Codes of conduct can be voluntary but not mandatory.
True
False
43
Which of the following is NOT a valid example of consideration?
Joe promises to pay Joanne because she helped w/ Joe’s remodel last summer
Bjork buys Tom’s aquarium for $200
Pat pays Eva $100 for a massage
Jim accepts $25,000 for a paper shipment that has already shipped
44
Which of the following is NOT allowed to enter into a partnership?
A person with Alzheimer’s disease
A felon
Family members
Another partnership
45
A contract that has been fully performed is deemed complete and is said to have achieved ______.
Novation
Legal performance
Substantial performance
Substitution
46
Employees hired in different countries and jurisdictions must follow the rules of the company’s home country
True
False
47
In the Haidt metaphor of the elephant and the rider, what does the elephant represent?
Both A and B
Our emotional, automatic, and instinctive self
Our controlled, analytical, and rational self
How we do not always behave or act rationally
48
How did the crew aboard the yacht Mignonette survive?
The crew did not survive and were later found dead in the dingy
They killed a whale and ate its flesh
They flagged down a nearby boat
They killed one of the crew members and consumed his flesh and blood
49
Which causes the most damage in terms of dollars annually?
Street crime because the penalties are usually only fines
White-collar crime because it costs over $1 trillion annually
White-collar crime because it has the few victims, but the victims are ruch
Street crime because there are a high number of victims
50
Which of the following is NOT an exception to the perfect tender rule?
Commercial impracticability
Agreement of the parties
Cure
Unilateral duress
51
Some argue the biggest reason corporations must exercise social responsibility in relation to stakeholders is that ____.
It is required by law
Stakeholders have a constitutional right to be heard
It is bad public relations not to
Corporations are large and have the ability to do good
52
Which of the following is NOT a true statement?
Contracts involving interest in land must be in writing
Contracts that make an agency relationship for real estate must be written
A contract may include several documents that are integrated into a whole
Guaranty contracts can be either oral or written
53
And administrative agency is prohibited from doing all but which of the following?
Violating judicial decisions
Making arbitrary laws
Exercising legislative power
Extending beyond its authority
54
A lease for a specific period of time is known as ______.
Tenancy for years
Periodic tenancy
Tenancy at sufferance
Life tenant
55
Sansa's been harassing Circi by leaving porn on Circi’s computer and making lewd comments. Which of following is likely?
Circi likely has a case for claims of a hostile work environment
Circi likely has a case for quid pro quo sexual harassment
There is no liability for sexual harassment, since Sansa is also a woman
There is no liability; Sansa has not attempted to solicit sexual behavior
56
Before the Palsgraf v. Long Island RR case, the standard for tort causation was:
But-for causation
Reasonableness
Comparative reasonableness
Foreseeability
57
2 neighborhood children are hit by the nails and are taken to the hospital. Is Alex liable for the children’s injuries?
No, because Jordan is an independent contractor
No, because Jordan did not mean for the accident to happen
Yes, because Jordan was hired by Alex
There is not enough information to know
58
The Uniform Commercial Code sets the law regarding the need for a written contract when the sale of goods is over ____.
$15,000
$5,000
$50
$500
59
Freedom of religion ______.
Can interfere with what you believe lead to actions that may hurt others
Restricts the government from prohibiting religious beliefs
Can be found in the first amendment
Restricts the government from creating or encouraging a religion
60
When considering the long and short term consequences of solutions, you should use which frameworks?
Utilitarianism/Results
Virtue Ethics/Values
Universalism/Rights
All of the above
61
True or false: Most larger companies have policies for working with stakeholders
True
False
62
“I will buy your aquarium for $300 if you also throw in the fish and plants.” Has a contract been created?
Yes, as there is an offer and a counteroffer
No, Anita’s response was not an acceptance, but a counteroffer
It is impossible to tell from these details
Yes, there was a clear offer and acceptance
63
Which of the following is NOT True of general partnerships
Partners have joint and several liability
Partners share profits and losses according to the partnership agreement
Partners have an equal right to engage in the management of the business
Partners always split profits and losses easily
64
The secret recipe for Coca-Cola is an example of a ______.
Copyright
Trademark
Patent
Trade secret
65
The ___ is the document that is filed with the secretary of state of the state of incorporation to create a corporation.
Foundator documentum
Certification of authority
Articles of incorporation
Startup documents
66
The Perfect Tender Rule requires that contracts be performed ______.
Exactly as agreed upon with few exceptions
Exactly as agreed upon, no exceptions
In a careful way
By someone who has a fiduciary duty with the buyer
67
The ______ rule shields employers from the acts or omissions of employees while commuting to work.
Dual-purpose
Coming and going
Course and scope of employment
Vicarious liability
68
In the following citation: A.L.a Schechter Poultry Corp v. United States, 295 U.S. 495 (1935), “(1935)” is the ______.
Party that the case is being brought against
Page number where the case begins in the reporter
The year the case was decided
Where the case can be found
69
Someone who looks at the rewards a person earns from engaging in moral behavior is at which level +stage of development?
Post-Conventional Level, Stage 1
Pre-Conventional Level, Stage 2
Conventional Level, Stage 2
Pre-Conventional Level, Stage 1
70
In the military, labeling civilian deaths as “collateral damage” is an example of which mechanism?
Displacement of responsibility
Diffusion of responsibility
Euphemistic language
Disregard of consequences
71
A police officer was returning to shift from lunch when she hit a cyclist with her patrol car. Will the city be liable?
No, because she was on her lunch break
Yes because it occurred during the officer’s course and scope of employment
Yes, because otherwise the injured person would have no recourse
No, because of sovereign immunity
72
The Industrial Revolution was in response to ______.
Poverty
Poor working conditions
Long hours
All of the above
73
In the 2020 case of Trade Office v. Booking.com, Justice Ginsburg wrote the majority opinion. This opinion is _____
One of several opinions that must be followed
The opinion that the fewest number of justices agreed with
The ruling that other courts must follow
Not required to be followed by other courts
74
Which of the following is NOT true of minors?
Minors may enter into contracts
Minors may not enter into contracts without parental permission
Minors may enter into contracts
Minors are always bad contract partners
75
Jesus, Gandhi, and Buddha would be at which level and stage of development according to Kohlberg?
Conventional Level, Stage 6
Unconventional Level, Stage 5
Post-Conventional Level, Stage 5
Post-Conventional Level, Stage 6
76
Agencies are created ______.
By the executive branch
By the legislative branch
When the responsibilities of a part of the government are reduced
By the judicial branch
77
A holistic stakeholder theory must have all of the following elements except ______.
Thoughtful
Normative
Profitable
Instrumental
78
Some critics of utilitarianism and other teleological approaches include arguments that ______.
All of the above
They are impossible to evaluate justly
They are dismissive of the rights of the individual
These ideas are dispassionate
79
Which of the following CANNOT be protected by a patent?
A cell phone
A business plan
A car
A movie
80
Which element in ethical decision making is often overlooked?
Decide
Explain
Reflect
Application
81
Most businesses do not need to be concerned about international law.
True
False
82
Owners of a corporation are liable for ______.
Capital investment into the corporation
Crimes committed by the corporation
Contracts made by the corporation
Taxes incurred by the corporation
83
Fedex can't ship the delivery in time, so she ships with USPS. Can Jolene reject it as violation of perfect tender rule
It is not possible to determine from these facts
No, because change of shippers is an exception to the perfect tender rule
Yes, because Dolly failed to notify Jolene of the change
Yes, because Dolly substituted shippers
84
Which of the following is the ownership of property with no limitation on inheritability?
Fee simple subject to a condition subsequent
Life estate
Fee simple absolute
Fee simple determinable
85
Describing ethnic Tutsis as “cockroaches” during the Rwandan genocide is an example of ______.
None of the above
Cognitive dissonance
Dehumanizing
Selective moral disengagement
86
Jack threatens to kill Jill if she does not sign the deed over to him. This is considered ______.
Battery
Sibling rivalry
Duress
Inheritance malfeasance
87
Which of the following is NOT true concerning a verdict?
If a judge discovered bias or jury misconduct, the judge may reject verdict
The court enters an official judgment in accordance with the jury verdict
The verdict must always be based on a unanimous decision of the jury
The verdict is the complete finding and conclusion of the issues presented
88
When the FBI asked Apple to unlock an iPhone belonging to Syed Rizwan Farook, Apple ______.
Immediately agreed and used backdoors to hack into the phone
Tried to unlock the iPhone but could not help in time
Refused to unlock the iPhone
Unlocked the iPhone but did not find any helpful information
89
Patagonia claims that its focus is on ______, even if that is not profitable in the short-term
Improving the environment and lives of its workers
Short-term fashion design
Safety focused clothing and equipment
Long-term profitability
90
Which of the following is NOT true about the risk of loss (ROL)?
ROL is based on who processes the goods
ROL is usually not determinable
ROL is important in determining the insurability of goods
ROL is determined by who has the title to the goods
91
During the cold war, corporations were ______.
Seen as threats of the capitalist system
Seen as purveyors of the capitalist system
Both A and B
Responsible for being anti-Communist institutions
92
One problem that quickly arises when determining governing law in an international situation is ______.
State Department guidelines
Currency markets
Relative political power
Jurisdiction
93
In Spaulding v. Zimmerman, which of the following happened?
The Minn. S.C. decided that Zimm. lawyer had no place to share the info
Spaulding likely suffered an aortic aneurysm during the accident
The doctor +both defense teams failed to inform Spauilding of his condition
All of the above
94
What is the foundation of international law?
Geopolitical location
Military power
The United Nations
Sovereignty
95
What is a good resource to help a company wanting to work in international environments?
State attorney generals
Local universities
The United Nations
State World Trade Centers
96
Which of the following is NOT an element of the FISH SEDER framework?
Solutions
Explain
Identities
Facts
97
The doctrine of _____ states that employers are responsible for employees' torts during course and scope of employment.
Principal Liability
Dominance
Respondeat Superior
Common Employment
98
According to Archie Carrol, corporate responsibilities ______.
Are best represented as a cube formation
Vary in importance and relationship to the survival of the corporation
Are all equally important
Are based on ideas from the 1850s
99
Which of the following describes substantive due process?
The laws of the US must be equally applied to all citizens
A person has protected oral, written, and symbolic rights of expression
The government must protect fundamental rights, regardless.
A person may not be deprived of life, liberty, or property without notice
100
In the following citation: A.L.A. Schechter Poultry Corp. v. United States, 295 U.S. 495 (1935), “495” is the ______.
Page number where the case begins in the reporter
Party that brought the case
Party that the case is being brought against
Where the case can be found
101
From a legal standpoint, Malum is Se refers to ______.
Actions that are prohibited because a law or regulation defines them wrong
Murder
Actions that are wrong in and of themselves
Both A and C
102
What was the motivation behind the philanthropic actions of John D. Rockefeller and Cornelius Vanderbilt?
Economic interests
Political interests
It’s unclear
Societal duty
103
Which term refers to the principle that an actual controversy must exist before a court will hear legal claims.
Standing
Non-advisory requirements
Stare Decisis
Ripeness
104
Land and the buildings attached to the land are considered which kind of property?
Chattel
Mobile
Personal
Real
105
Article 2 of the Uniform Commercial Code covers which type of contracts?
Contracts for the sale of real property
Contracts for the sale of goods
Contracts for the lease of goods
Contracts for sale or lease of commercial vehicles
106
The choice of business structure determines all BUT which of the following?
Power structure amongst owners
Tax liability
Owner liability
Difficulty of raising capital
107
A ___ is established when one party licenses another party for use of its property in the selling of goods and services.
Franchisee
Franchise
General partnership
Limited franchise
108
Using the following citation: Ferguson v. Karen, 234 US 85 (2019). Identify the following part: US
Volume number
Plaintiff
Reporter
Page
109
When agencies subpoena individuals, ______.
The agency must provide both a written and an oral notice
The person is required to appear before a board and provide needed info
A warrant is immediately served for their arrest
They are assumed to have committed a crime
110
Formal, codified rules of behavior that prescribe right or wrong behavior are known as ______.
Laws
Codes of Conduct
Morals
Norms
111
Which of the following is NOT A duty an agent owes a principal?
Loyalty
Performance
Obedience
Cooperation
112
The closest thing to codified laws in international law are ______.
Laws created by individual nations
Unilateral actions by sovereign nations
Declarations from the UN
Treaties and conventions
113
The use of drones in the military can lead to which mechanism
Disregard of consequences
Displacement of responsibility
Attribution of blame
Advantageous comparison
114
Substantial performance rule governs common law contracts.
True
False
115
Brodie is hired by Isla for HR, and works a 9-5, but has freedom in running is HR area. Brodie is most likely:
An employee
A dependent contractor
An independent contractor
A principal
116
Target is an example is a(n) ______ trademark
Generic
Arbitrary
Suggestive
Fanciful
117
Using the following citation: Ferguson v. Karen, 234 US 85 (2019). Identify the following part: 234
Reporter
Volume Number
Page
Volume Number
118
The idea known as the Categorical Imperative was created by ______.
Jeremy Botham
John Stuart Mill
Slavoj Zizek
Immanuel Kant
119
What provision in the Constitution gives Congress authority over Monique’s business transactions, if she sells online?
First Amendment
Art. III
Commerce Clause
Second Amendment
120
What is personal property that gets attached to the land?
Attachment
Fixture
Addended
Remains personal property
121
If Mary agrees to be responsible for the school loan of her cousin Jo, then a ______ type of contract is created.
Guaranty
Personal
Mortgage
Statute of Frauds
122
Which of the following crimes did Enron NOT commit (as far as anyone knows)?
Wire fraud
Misrepresentation
Arson
Securities fraud
123
The most common and easiest method of dispute resolution is known as ______.
Negotiation
Arbitration
A court ruling
Mediation
124
The rules that govern activities that the agency has authority over is known as ______ rules
Legislative
Procedural
Interpretive
Judicial
125
Sovereignty is not a defense against international responsibility when ______.
Actions harm another nation
When determining domestic systems of law
Economics are concerned
Internal environmental degradation occurs
126
Which of the following is NOT a valid example of consideration?
Frank gives Lola a horse as a gift
Juanita pays Shelly $1 million to refrain from purchasing a strip mall
Joe agrees to work for Sue in exchange for salary
Kaiser pays Omar $200 to watch hit pets for the weekend
127
What duty does a property owner owe a trespasser?
A property owner owes no duty to a trespasser with three exceptions
A property owner owes a trespasser a duty to warn of dangers
A property owner owes no duty to a trespasser, with one exception
A property owner owes no duty to a trespasser other than to keep them safe
128
An action creating the greatest amount of happiness for the greatest number of people is known as ______.
Virtuos
Utilitarianism
Maximization
Deontological
129
Authoritative sources such as Lexis-Nexis or Westlaw are ______.
Where the general public should start
Easily accessible to the general public
Not as authoritative or comprehensive as an internet search
Subscription sites helpful for modern legal research
130
Which of the following is NOT a function of the law?
Promote social justice
Create systemic enslavement
Keep the peace
Settle private and public disputes
131
Undoing a contract is referred to as ______.
Restitution
Recession
Rescission
Requiem
132
He purchases the hat by credit and does not notice the mistake. Once he realizes it, he wants to void the sale. This is:
Multilateral mistake of material fact
Innocent mistake
Bilateral mistake
Unilateral mistake
133
A trial has all but which of the phrases?
Trial
Pretrial
Active trial
Posttrial
134
A property owner owes an invitee all of the following duties EXCEPT the duty ______.
To warn the invitee of a dangerous situation
To repair dangerous situations
To inspect for dangers
To make all dangers safe
135
Keith Davis argues for the “iron law of responsibility.” What is this law?
The smaller the corporation, the greater their socially responsible ways
Corporations must act in a socially responsible way or they will lose power
Mineral extraction must be done in socially responsible ways
Social responsibility can only be maintained through government oversight
136
Based on the Connecticut v. Cardwell case, the default is a _____ contract and therefore the risk of loss falls to ____.
Destination, Yasmin
Null, the state
Shipment, Yasmin
Destination, Ingrid
137
Voluntary transfer of property without remuneration is considered ______.
An inheritance
A void exchange
A gift
An illegal contract
138
In response to the demands of the industrial revolution, some early industrialists engaged in ______.
Combat
None of the above
Social welfare activities
Looting
139
Creative works are copyrighted for the life of the author plus ______ years.
70
90
30
50
140
Non-contract interest rates in excess of 10% are illegal in Utah. If someone charges more, they would be guilty of ____.
Bad credit
Usury
Duress
Undue influence
141
What is the fundamental attribution error?
How we lower our ethical standards over time through behavioral chagnes
Focusing on certain aspects of something that its ethical dimensions fade
Ability to infer and form meaning out of the words and images around us
The tendency to misattribute the cause of our or other people’s behavior
142
The limit of liability in the proximate cause test is ______.
Affirmative duty
Foreseeability
But-for causation
Affirmative duty
143
Shortcuts, also known as heuristics, can be problematic for all of the following reasons except that they ______.
Reduce awareness of ethical decision-making errors
Limit awareness in dangerous situations
Reduce the number of mental calculations we must perform on any given day
Limit awareness of ethical dilemmas
144
The ______ Trademark Act governs trademark protection
Patent
Landrum-Griffin
Lanham
Protective
145
Which part of the IRAC is often presented as a single sentence and is phrased in the form of a question?
Reasoning
Rule
Analysis
Issue
146
______ refers to the act of committing a crime.
Criminal indifference
Breach of duty
Actus reus
Mens rea
147
People are boundedly ethical in decision making and behavior when ______.
Only cognitive factors constrain the economy
Psychological, situation, + organization factors limit their ability to act
Their preferred values have no constraint on their ability to act
Only fiscal factors define their ethics
148
Which of the following is NOT protected by a trademark?
Escalator
Nike
Google
Kleenex
149
The third element of a negligence claim is ______, where the plaintiff shows that the breach of care is the injury cause
Causation
Breach
Affirmative duty
Damages
150
Which key personality concept explains how one views their relationship with their environment?
Moral development
Developmental process
Cognitive dissonance
Locus of control
151
Blaming someone’s personality for their behavior but blaming external factors for your behavior is known as ______.
Incrementalism
Self-deception
Self-serving bias
Plagiarism
152
The highest level of the court in the United States is the ______.
District court
Appellate court
State court
Supreme Court
153
Framing can do which of the following?
Influence our choices and behavior
Make us ignore other important dimensions or values
Make us overlook the broader ethical consequences of our actions
All of the above
154
It is usually cheaper to not give stakeholders attention and focus on business priorities instead
False
True
155
Which of the following is NOT a reason the legitimacy of a contract agreement may be challenged?
Mistake
Fraud
Confusion
Valid agreement
156
In a legitimate offer, the offeror must manifest ______ intent to become bound by an agreement.
Accepted
Subjective
Objective
Reasonable
157
Which of the following is not true of copyright?
Copyrights can be owned by individuals or business entities
No notice of ownership is necessary to protect an original work
Copyrights protect the representation of an idea, not the idea itself
Original work must be registered at the copyright office to get protection
158
Some critics of utilitarianism and other teleological approaches include arguments that ______.
They are dismissive of the rights of the individual
All of the above
They are impossible to evaluate justly
These ideas are dispassionate
159
Tangible property (clothes, car, Xbox) + intangible property (intellectual property, stock) are which type of property?
Real
Chattel
Personal
Immobile
160
The first and central element of a negligence tort claim is:, which is what one person owes another to not harm or risk
Duty of care
Causation
Trust
Affirmative duty
161
Which of the following is NOT part of the definition of a person with a disability?
A person with a physical impairment that limits one or more life activities
A person with a mental impairment that limits one or more life activities
A person is perceived as having a physical or mental impairment
A person who has a record of past disability
162
The UN Global Compact is ______.
Set of principles designed to help companies worldwide be a force for good
A set of rules outlining how to responsibly source raw materials
No longer in effect
A set of laws all corporations are required to follow
163
Police were tipped off by a snitch about the mislabeled chemicals. Roan is arrested. Is Jon liable for this crime?
Yes, because it was Jon’s waste product
No, because Jon is not an expert in chemical toxicity and could not know
No, because Roan is an independent contractor
Yes, because he participated in the crime
164
The one-year-rule requires that ______.
Every contract must be reviewed and authorized each year
Neither party can rescind a contract for one year after it is agreed to
A contact that cannot be performed within a year must be in writing
If either party changes their mind on a contract, the terms can be changed
165
The exchange of property for value (usually money) is known as ______.
A purchase
A bequest
A gift
An inheritance
166
An employer would use BFOQ to ______.
Promote team cohesion in a workgroup
Create a fake rationale for ongoing discrimination
Force someone to quit their job
Defend against charges of discrimination that would otherwise be illegal
167
Which of the following does NOT fall under sex discrimination under Title VII?
A preference in who to hire based on that person’s biological sex
A person’s gender identity
A person’s biological sex
A person’s sexual orientation
168
Which of the following is the ownership interest in land that lasts until a specific event occurs?
Fee simple subject to a condition subsequent
Quitclaim deed
Fee simple absolute
Conditional estate
169
Tim Hortons, a Canadian donut store chain operating in the US, is an example of a(n) ______ corporation.
Foreign
General
Alien
Domestic
170
Which of the following is false concerning voluntary codes of conduct?
Voluntary codes of conduct are a form of self-regulation
Voluntary codes of conduct need public agreement
Voluntary codes of conduct lack formal enforcement
Voluntary codes of conduct weaken social norms
171
The legal concept known as standing refers to ______.
The location where the trial takes place
How long someone lasts in a difficult position
People who have a personal stake in the outcome of a dispute can bring suit
Some conflict that must have actually occurred
172
When a corporation acts outside of its express or implied powers, the act is known as ______.
Ultra vires
Reversion
Fraud
Corporate powers
173
Which of the following is NOT a reason the dissolution of a partnership by operation of law can occur?
Bankruptcy of a partner
Bankruptcy of the partnership
Death of a partner
Insanity of a partner
174
Which duty requires a principle to cover the agent for possible torts
Accounting
Insurance
Indemnification
Performance
175
The Bhopal disaster response did NOT involve which of the following?
National governments
Individuals affected
Corporate boards
US EPA Regulators
176
Which federal statute permits an employee to file a discrimination claim within 180 days of a paycheck violation?
Lilly Ledbetter Fair Pay Act
Equal Employment Pay Act
Federal Pay Equality Act
Pay to Play Act of 2012
177
Trayvon filled out quantity, and purchase price blank. Branna shipped, and invoiced Trayvon How is the price determined?
Whatever price Trayvon chooses to pay
Whatever price Branna chooses to charge
Price will be based on industry standards
Whatever price the court decided when this will have to go to trial
178
The one sentence that directly answers the question of the issue in the case is known as ______ in the IRAC.
Issue
Rule
Reasoning
Conclusion
179
When discussing Mens Rea, recklessness is known as ______.
Consciously ignoring risks that could reasonably result from one’s actions
An exception
Not exercising the care a reasonable person would in a specific situation
A person had both criminal intent and a criminal action
180
In a criminal lawsuit, the person bringing the case is always ______.
The victim
The respondent
A private party
The government
181
The World Intellectual Property Organization attempts to ______.
Harmonize intellectual property protections across jurisdictions
Catalog all intellectual property
Reallocate intellectual property to poorer countries
Create a global definition of intellectual property
182
What element of stakeholder theory is Thomas addressing when looking at these ethical questions?
Normative
Irrational
Motivational
Interest-based
183
The person who accepts service of process and provides a mailing address for the starting corporation is a(n) ______.
Attorney
Shareholders
Incorporator
Registered agent
184
A court may pierce the corporate veil when the corporation ______.
Is not sufficiently distinct from a shareholder
Is a front for organized crime
Is engaged in business outside its incorporated purpose
Accounting is non-transparent
185
Haidt’s research on morality concluded that ______.
Individuals justify + rationalize moral judgments and responses before fact
Cultures can reinforce and inform intuitive moral judgments
All of the above
Individuals don’t vary in their intuitive, emotional response to situations
186
What is the affectation doctrine?
Commerce has an insubstantial effect on a state’s authority
If business activity is local, it should be governed locally
Any commerce that has an effect between states will come under Cong. Auth.
If business activity is local, it should be governed locally
187
When a partnership is winding up, when do the profits get distributed amongst the partners?
Before debts to non-partner creditors
Before partner capital contributors
Before partner creditors
At the end
188
One way businesses attempt to protect trade secrets is to require employees to sign a _____
Memorandum of understanding
Non-disclosure agreement
Pinkie promise
Trade secret agreement
189
Which of the following is NOT an accurate response to the question, “Is an advertisement considered an offer?”
Yes, because people rely on it
No, not if the language is not specific enough
No, it is an invitation to make an offer
Yes, if the language is specific about cost, amount, and other specifics
190
Theory that people will use 6 different ways to their lose morality so they can justify the guilt they call immoral is:
Cognitive dissonance
Selective moral disengagement
Locus of control
Moral justification
191
Stanley Milgram’s experiment consisted of ______.
The teacher being instructed by a leader while administering shocks
Individuals “teaching” a third party through the use of electric shocks
The learner receiving no shock
All of the above
192
Papa John’s Pizza is an example of a ______ franchise.
Partnership
Manufacturing
Operational
Chain-style
193
When justices disagree with both the reasoning and the conclusion that the majority came to, they write a ______ opinion
Dissenting
Minority
Majority
Differning
194
Which of the following is the grant of an interest in real property until that person’s death?
Life estate
Fee simple subject to a condition subsequent
Fee simple absolute
Fee simple determinable
195
Huntswoman is a corporation formed in Maine but now operates in Vermont. This is an example of a(n) ______ corporation
Not-for-profit
Alien
General
Foreign
196
Discrimination based on a person’s heritage or cultural characteristics is known as ______ discrimination.
Religious
Race
National origin
Sex
197
Which term describes how when a matter is decided by a court, the same dispute cannot be tried again?
Fieri facias
Stare decisis
Liberum veto
Res Judicata
198
You must file with the Utah Department of State to create a sole proprietorship in Utah.
False
True
